Powers and Jurisdiction of the Authority
- Express powers as enumerated under RA 6939 and the Cooperative Code.
- Inherent powers include preserving order, compelling attendance and compliance, administering oaths.
- Has exclusive jurisdiction over cooperative internal affairs including amendments, mergers, elections, dissolution, cancellation of registration, liquidation, etc.
- Concurrent jurisdiction with prosecutors for preliminary investigations of violations under Article 124 of the Code.
Transaction of Business
- Authority transacts business through appointed Hearing Officers.
- Appeals can be brought from Hearing Officers’ resolutions.
- Disqualification rules for Hearing Officers to avoid conflicts or bias; substitutions made if disqualified or inhibited.
Parties to Proceedings
- Only natural persons members of cooperatives or duly registered cooperatives and their federations/unions can initiate actions.
- Government agencies involved act as amici curiae.
- Proceedings must be prosecuted and defended in the name of the real parties in interest.
- Parties are designated as Petitioner/Complainant and Respondent.
Commencement of Proceedings
- Initiated by filing a verified complaint with jurisdictional facts and relief sought.
- Complaints lacking requirements considered only for mediation and conciliation.
- Authority may initiate cases by issuing hearing orders served to interested parties.
Pleadings
- Must be filed in duplicate, with additional copies if respondents exceed five.
- Can be filed personally or by registered mail; filing date is mailing date if by mail.
- Pleadings may be handwritten or typewritten, in English or Filipino.
- Complaints and answers require verification by affidavit.
- Cases are docketed and numbered with prefixes indicating the office handling the case.
Intervention
- Persons with legal interest may intervene before mediation by filing a motion.
- Authority exercises discretion considering delay or prejudice to parties.
Amended or Supplemental Pleadings
- One amendment as a matter of right before responsive pleading.
- Further amendments require leave of Authority; may be denied to avoid delay or alteration of cause.
- Supplemental pleadings permitted for events after original pleading.
Periods for Pleading
- Answers due within 15 days after summons.
- Intervention within 5 days of allowance.
- Replies within 5 days from receipt of answer.
Motions
- Defined as applications for orders other than resolutions.
- Must be in writing except some continuances.
- Must state the relief sought and grounds.
- No oral arguments unless allowed by Authority.
- All objections must be consolidated in an omnibus motion or will be waived.
Service and Filing of Pleadings
- Service and proof of service governed by the Rules of Court.
Prohibited Pleadings
- Motions to dismiss, bill of particulars, extending time for memorandum, re-opening/re-hearing, and to declare a party in default are not allowed.
- Motions to dismiss filed by respondent considered as an answer and case proceeds on merits.
Summons
- Issued by Hearing Officer after complaint filing.
- Directed to respondent, signed by relevant Director, containing party names and directive to answer.
- Complaint copies attached.
- Service by personal delivery or registered mail.
Conciliation and Mediation Conference
- Held soon after issues joined to attempt settlement and simplify issues.
- Notice given at least one week prior.
- Conference is non-adversarial, informal, aimed at settlement.
- Parties may be unrepresented; legal counsel can be nearby.
- Proceedings noted and recorded upon request.
- Recess and suspension allowed for consultations.
- Agreements reduced to writing and signed.
- Certificate of non-resolution issued if no settlement after three months or non-attendance.
Subpoenas
- Issued motu proprio or upon parties’ request.
- Signed by appropriate Director; specifies attendance and documents if subpoena duces tecum.
Hearings
- Notice given personally or by registered mail at least 2 days before hearing.
- Hearing order: complainant presents evidence first, then intervenors, then respondent, then rebuttals.
- Oral arguments allowed unless parties submit memoranda within 15 days.
Resolutions
- Written, clearly stating facts, law, and agreements reached.
- Issued under Authority seal.
- No minute resolutions if evidence received.
- Must be decided within 30 days of submission.
- Served on all parties and interested regulatory agencies.
- Becomes final 15 days after receipt if no appeal or motion for reconsideration.
- Final resolutions enforceable by writ or order.
- Authority may order or convene general assemblies to report resolutions.
Appeals
- Appeal from Extension Officer or Legal & Registration Director resolutions to Board of Administrators within 15 days.
- Board decides appeals within 30 days.
- Appeal from Board resolution to Office of the President within 15 days.
- Records transmitted within 15 days of appeal.
- Motion for reconsideration treated as appeal.
- No appeals from resolutions based on settlement agreements; non-compliance leads to immediate execution.
General Provisions
- Hearing Officers may require supporting staff assistance.
- Stenographers may take notes; transcripts available to parties at cost.
Supplementary Rules
- Pertinent Rules of Court apply by analogy if these Rules are silent.
- Technical rules on evidence not strictly binding; evidence accepted as prudent.
Final Provisions
- Previous inconsistent rules repealed.
- If any rule part declared unconstitutional, rest remains effective.
- These Rules take effect upon Board approval.